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Illinois Supreme Court rules ending cash bail is constitutional

Tuesday, Jul 18, 2023 - Posted by Isabel Miller

* Ben Szalinski of the Daily Line…


* You can find the full opinion here.

This post will be updated.

…Adding…


* The Sun-Times

In its ruling, the court said the state’s constitution “does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public. Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance.” […]

The court’s ruling stems from a flurry of lawsuits last year brought by roughly 60 sheriffs and state’s attorneys who argued that eliminating cash bail would reduce public safety, put law enforcement in harm’s way and violate the state’s constitution.

In December, Kankakee County Chief Judge Thomas Cunnington agreed with the groups and ruled the cash bail provision unconstitutional, though his ruling would have only applied to counties that had sued.

An appeal by Attorney General Kwame Raoul sent the matter to the state Supreme Court, and the justices ordered that the entire Pretrial Fairness Act wouldn’t go into effect until further notice “in order to maintain consistent pretrial procedures throughout Illinois.”

* Crain’s

Chief Justice Mary Jane Theis, writing the majority opinion, said, “Our constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act’s pretrial release provisions set forth procedures commensurate with that balance.”

Joining Theis were the other four Democrat justices on the court: Joy Cunningham, P. Scott Neville, Mary O’Brien and Elizabeth Rochford.

Republican justice David Overstreet wrote the dissent, joined by the other Republican justice, Lisa Holder White.

* The Chicago Tribune

The majority found that the trial court ignored the “plain language of the constitution” in multiple instances and that the prosecutors challenging the law did not meet the high legal bar for overturning a state statute.

“Statutes enjoy a strong presumption of constitutionality because the legislature is principally responsible for determining the public policy of our state,” Chief Justice Mary Jane Theis wrote in the majority opinion.

The ruling means judges, prosecutors, attorneys and other court staff across the state will shift how they handle pending criminal cases. The justices gave trial courts 60 days to prepare for the new rules, with cash bail to be eliminated on Sept. 18.

Once the changes go into effect, monetary bail will no longer be a factor in whether someone is released from jail while they await trial. Instead, judges will weigh the circumstances and decide whether to release defendants with certain conditions or order them detained if the allegations meet certain thresholds.

* Senator Robert Peters…

State Senator Robert Peters released the following statement in response to the Illinois Supreme Court’s ruling on the pretrial release portions of the SAFE-T Act:

“I am extremely proud that our state’s highest court is prioritizing public safety over wealth. This historic decision is the culmination of over a decade of organizing from countless grassroots organizations that deal directly with vulnerable communities in which cash bail has affected, including groups that support survivors of gender-based violence. I would like to take this opportunity to specifically thank the Coalition to End Money Bond, the State’s Attorneys Association, the Sheriff’s Association and survivor advocates for their assistance in getting pretrial fairness across the finish line.

“In the aftermath of this historical achievement, I expect there to be backlash and calls for the reinstatement of a cash bail system in response to controversial legal cases. Let me be clear: cash bail delegitimizes criminal justice systems and transforms them into systems that violate public safety instead of upholding it. Illinois will not go back. We will only move forward with our goal of ensuring public safety for all Illinoisans, regardless of their background or financial position.”

* Sen. Elgie Sims…

State Senator Elgie R. Sims, Jr. (D-Chicago) — the chief sponsor of the SAFE-T Act — released the following statement after the Illinois Supreme Court upheld provisions of the Pretrial Fairness Act:

“Since day one, I have maintained that the cash bail system places an undue burden on poor people accused of crime and in and of itself does not adequately make our communities safe. What will make our communities safer is a focus on the totality of circumstances behind crime, holding those responsible accountable, and most importantly ensuring crime doesn’t happen in the first place.

“From the beginning, I disagreed with the plaintiff’s claim that the General Assembly exceeded its authority in this case and am glad the Illinois Supreme Court agreed. The General Assembly is charged with passing laws that will improve the quality of life in our communities and that was true in this case. By upholding this monumental legislation, the Illinois Supreme Court is providing for greater protections and more humane treatment of those who have been arrested and accused of crime.

“Change — when it comes — often faces push back from those who seek to continue to invest in the way things are, which has produced disparate outcomes and had devastating impacts on communities. The goal of the proponents of this law has always been and continues to be for the phrase “equal justice under the law,” to be more than an aspirational statement, but the reality of our criminal legal system.

“Today’s decision will allow us to continue the long-overdue step toward dismantling systemic racism and eliminating the practices which have created barriers to opportunities and obstacles to prosperity for far too long. Illinois continues to show the rest of the nation that monumental change is possible to make the criminal legal system fair, equitable and just for all.

“While we celebrate today’s outcome, our work continues.”

* Senate President Don Harmon…

Senate President Don Harmon (D-Oak Park) issued the following statement regarding the Illinois Supreme Court’s ruling that the comprehensive public safety initiative known as the SAFE-T Act is constitutional.

“The court’s decision today culminates a long and challenging journey toward fundamental fairness in our legal system that would ensure the accused stay behind bars because they are dangerous, not because they lack dollars in their pockets. The unjust foundations of our society were not built quickly and they will not be dismantled with ease. But we have taken a great step forward today, and I look forward to the road ahead.”

“With the state’s high court having found the SAFE-T Act constitutional, I look forward to this landmark law being implemented fully and fairly throughout the state of Illinois.”

* Governor JB Pritzker…

“I’m pleased that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act and the elimination of cash bail. We can now move forward with historic reform to ensure pre-trial detainment is determined by the danger an individual poses to the community instead of by their ability to pay their way out of jail. My thanks to Attorney General Raoul’s office and the many people who worked tirelessly over the last months to defend these important reforms. I look forward to continuing to work with the General Assembly and our many other partners as we transition to a more equitable and just Illinois.”

* Speaker Welch…

“Today the Supreme Court upheld the legislature’s promise to create a more equitable and fair criminal justice system — a system that can now better protect victims and will no longer allow violent offenders to buy their way out of jail. Today’s decision is a win for the people of this state, but also for our democracy. As duly elected representatives, we have the privilege and responsibility of creating policy that reflects our values as Illinoisans. Our state’s highest court rightfully ruled that frivolous lawsuits cannot and will not stop the legislative process.”

* DPI Chair Lisa Hernandez…

“Today’s ruling by the Illinois Supreme Court is a victory in the fight for a fairer criminal justice system. For too long, our pretrial detention system has prioritized wealth over public safety, and ending cash bail in Illinois is crucial to ending unjust criminalization of poverty. I’m grateful to the governor and attorney general for their unwavering commitment to building a more equitable Illinois for all,” said DPI Chair Lisa Hernandez.

* Attorney General Kwame Raoul…

“I am pleased – although not surprised – that the Illinois Supreme Court has upheld the constitutionality of the SAFE-T Act. The court’s decision today holds – as my office has consistently advocated – that the General Assembly had the authority to eliminate cash bail and replace it with a system in which people are detained pending trial only if they pose a threat to the public or are a flight risk. And it rejects the plaintiffs’ argument that courts must retain the authority to set cash bail free of legislative regulation – an argument that would have called into question decades of criminal justice reforms in our state.

“Someone’s experience with the criminal justice system should not vary based on their income level. The SAFE-T Act was intended to address pervasive inequalities in the criminal justice system, in particular the fact that individuals who are awaiting criminal trials – who have not been convicted of a crime and are presumed innocent – may spend extended periods of time incarcerated because they cannot afford to pay cash bail. The law ensures that the decision about whether people are detained pending trial is not based on whether they can afford to pay for their release.

“With the court’s decision today, the elimination of cash bail will soon take effect. Other parts of the act, not challenged by the plaintiffs, also remain in effect and will have a positive impact within the state. This includes my office’s authority to conduct pattern-and-practice investigations of civil rights violations by law enforcement and improvements to the police officer certification process that create uniformity for departments across the state, promote professionalism in law enforcement and increase transparency.

“Attorneys from my office have spent many months defending the SAFE-T Act’s constitutionality in courtrooms throughout Illinois against meritless challenges. I am proud of their dedication and appreciate their service to the people of Illinois.”

* Rep. Jehan Gordon-Booth…

State Rep. Jehan Gordon-Booth, D-Peoria, issued the following statement Tuesday after the Illinois Supreme Court’s ruling on pretrial release portions of the SAFE-T Act upheld the end of cash bail:

“This decision reflects the countless hours of careful consideration that went into every component of the SAFE-T Act. Responsibly modernizing our pretrial procedures will not only create a fairer process, it will help to make our communities safer by basing release decisions on a public safety assessment instead of a defendant’s access to cash.

“I want to thank state Rep. Justin Slaughter, state Sen. Elgie Sims, the Illinois Legislative Black Caucus and every member of the General Assembly involved with seeing this process through in a transparent and collaborative manner. Their work helped to make today a reality.

“Public safety is never a static issue, and today’s Illinois Supreme Court decision is just one part of a larger effort to make our communities safer. I will continue to regularly engage first responders, prosecutors, community advocates and area residents as we work together to comprehensively curb violence.”

* Illinois Fraternal Order of Police State Lodge President Chris Southwood…

“Today’s ruling by the Supreme Court confirms Illinois’ status as the state of lawlessness and disorder. The court ignored the pleas of nearly every prosecutor in the state of Illinois, Democrat and Republican, that the elimination of cash bail will put dangerous criminals back on the street, instead of keeping them in jail or forcing them to post cash bail as they await trial. Many of those offenders will commit crimes again within hours of their release. And who will have to arrest those offenders again and again? The police officers whose jobs have been made immeasurably more difficult by all of the new anti-law enforcement measures that are in place. Today’s ruling is a slap in the face to those who enforce our laws and the people those laws are supposed to protect.”

…Added by Rich… Sen. Robert Peters (D-Chicago) pointed out today during a press conference that the IL FOP was officially neutral on the changes made in December, as was the Chicago FOP, the Illinois Sheriffs’ Association and the Illinois Association of Chiefs of Police.

* Cook County Public Defender…

The Cook County Public Defender’s Office said on Tuesday it is pleased that the Illinois Supreme Court has upheld the constitutionality of the Pretrial Fairness Act. The ruling is the strongest possible decision upholding the constitutional arguments for ending money bond.

Illinois can now end a great injustice that distorted the criminal legal system and move forward with removing the price tag from the presumption of innocence.

“Using money as the determining factor in whether someone goes to jail or goes home was a broken policy that often produced terrible results. By ending money bond, Illinois is now in position to make these serious decisions without stripping millions of dollars from the communities who can least afford it,” said Cook County Public Defender Sharone R. Mitchell, Jr.

Every day, the hundreds of attorneys at the Cook County Public Defender’s Office, which serves Chicago and suburbs, see the deplorable impact of money bond and pretrial jailing. They see mainly Black and Brown people punished for being poor and the mothers, grandmothers, wives, girlfriends and sisters of accused people burdened with paying cash bail for their loved ones.

Ending money bond is a matter of racial justice.

Cook County court system stakeholders, including public defenders, are poised to implement the pretrial reforms under the Pretrial Fairness Act, after years of preparation.

The law that will now take effect goes well beyond merely ending money bond and transforms the entire decision-making process around what happens to a person after arrest and before trial. The law does not end pretrial incarceration; prosecutors can still request detention in many circumstances. But decisions about detention will be made after a robust, individualized hearing, where both sides can present evidence and arguments regarding whether the accused person is a threat to community safety or a flight risk.

The road to these historic reforms took more than seven years and involved thousands of Illinoisans. After the Pretrial Fairness Act was passed, a coalition of advocacy and community groups, criminal legal system players, lawmakers and others fought bad-faith fearmongering and misinformation.

These efforts were worth it. In deciding that we can make these consequential pretrial release and detention decisions without money bond, Illinois has provided a new model for the national movement to end money bail. We are showing that it is possible to bring significant change a system that harms communities and generates false confessions and wrongful convictions for too many decades.

On this historic day, the Law Office of the Cook County Public Defender congratulates our legislative partners who championed pretrial fairness, the Attorney General’s Office that successfully defended the law, and the Illinois Network for Pretrial Justice, who made this all possible.

* Cook County Board President Toni Preckwinkle…

Today, we celebrate a historic victory for justice across Illinois. By ending money bond, we have taken a significant step forward in dismantling a system that disproportionately impacts our Black and Brown communities. We have known for too long that the use of money bond has perpetuated systemic racial injustices and exacerbates the inequalities faced by communities of color.

Today’s ruling is a true testament to the tireless efforts of our criminal justice offices, advocacy groups, and community stakeholders who have been tremendous advocates in this fight. Together, we have engaged in an unprecedented collaborative process to prepare for this transformative moment of reform.

Cook County stands united in support of our court system stakeholders as they move forward with Pretrial Fairness Act reforms, ending money bond and implementing a pretrial process rooted in equity and community safety. My administration stands ready to provide resources and counsel where we can be of service as we move forward toward a more just and equitable future for all.

* Sen. Andrew Chesney…

“I am disappointed with the partisan Supreme Court’s ruling because the Legislature did indeed infringe upon the rights and responsibilities of the judicial branch of government when they stripped away judges’ abilities to set cash bail.

“The Democrat Party has enacted the most radical soft-on-crime policies in the country, and nobody in this state will be immune from the consequences. This pro-criminal brand of justice will put many criminals back on the streets within hours of a serious arrest. Crime victims and Illinois families will continue to feel less safe, and the State of Illinois will continue to grab national headlines for its growing crime rates.”

* Lake County State’s Attorney Eric Rinehart…

“The Supreme Court has made our communities safer and our justice system fairer by upholding the SAFE-T Act. Instead of domestic abusers, murderers, and sex offenders using their cash to obtain release, judges can finally hold dangerous individuals prior to trial.

The victim advocates closest to these issues (such as the Illinois Coalition Against Domestic Violence and the Network) support this new law, and they have not been swayed by the months of misleading statements about its contents or its impact.

At the same time, our jail will no longer hold non-violent offenders simply because they do not have money to post bail. We will finally be addressing how a wealth-based system disproportionally jails Black and Brown defendants. We can finally begin to live up to the ideal that access to money should not lead to different justice systems for different defendants.

This safety-based system (as opposed to wealth-based system) has worked for decades in our federal courts and in Illinois’s juvenile courts. This past fall, many individuals were lying to the public by saying that the end of “cash bail” means the end of “pre-trial detention.” These lies failed to turn the public against the authors of the SAFE-T Act. Now, the Supreme Court has affirmed this important reform that has been shaped by law enforcement, prosecutors, victim-rights advocates, and community leaders since the Supreme Court Commission Report of April 2020.”

Let me reiterate this: we will still jail defendants prior to trial, and the defendants we do hold will be the dangerous weapon offenders, drug traffickers, child molesters, murderers, and domestic abusers who will no longer be able to use their own cash (or their accomplice’s cash) as an escape hatch from justice. Our communities will be safer because of today’s ruling.

The Safety, Accountability, Fairness and Equity-Today (SAFE-T Act) is a criminal justice reform that includes the elimination of cash bail as a method of pre-trial release, mandates use of body-worn cameras for all police departments, and calls for the preservation of police misconduct records.

The SAFE-T Act was stayed in late December 2022, prior to its January 1, 2023, effective date. Today’s ruling makes the Act effective September 18, 2023. State’s Attorney Rinehart added, “We were ready in December of 2022, and we will be ready in September of 2023.”

On the effective date, the Lake County State’s Attorney’s Office will file petitions to detain offenders who are arrested after September 18, 2023. Judges will decide whether someone is detained or not detained awaiting trial. If a judge rules for detention, those individuals arrested after the effective date will no longer be able to access cash to gain release.

* Treatment Alternatives for Safe Communities, Inc. President & CEO Joel K. Johnson…

“The Illinois Supreme Court’s SAFE-T Act ruling expands access to pretrial freedom, freedom that allows individuals to prepare their legal defense while securing community-based behavioral health care that they may need, but which is rarely found in jail. TASC is eager to work with the SAFE-T Act’s legislative champions – State Senators Elgie Sims and Robert Peters and State Representative Justin Slaughter - to ensure full implementation of a statewide community-based pretrial service network.”

* Regan Deering…

Today, the Illinois Supreme Court upheld the constitutionality of the pro-criminal SAFE-T Act. In response, Regan Deering, Republican Candidate for State House District 88, released the following statement.

“As a mom, I care about the safety and wellbeing of my three kids more than anything else,” said Regan Deering. “Governor Pritzker rammed through a radical remaking of Illinois’ criminal justice system – setting violent criminals free, hamstringing law enforcement, and endangering families.”

“Every family deserves to live in a safe community, that is why I am committed to supporting our law enforcement officers and keeping repeat violent offenders locked up,” pledged Regan Deering. “As today’s ruling shows, the Illinois Supreme Court will not save us from extreme policies. It is up to us. I am calling on all Illinoisans to join me in fighting this dangerous law and the corrupt political class in Springfield. Your future and your kids’ futures depend on it.”

* Rep. Tom Weber…

“I am extremely disappointed in this decision by the Illinois Supreme Court to eliminate cash bail, but unfortunately, I am not surprised. Illinoisans deserve safe communities where they can live, work and raise their families without fear, but once again we are left with an extreme progressive agenda that has chosen to side with criminals over families and the dedicated police officers trying to keep us safe.”

* Senate Republican Leader John Curran…

“The long divisive court process instigated by the Democrat’s rushed reform of our criminal justice system opposed by nearly all Illinois law enforcement officials and states attorneys has now concluded with a divided Supreme Court Ruling,” said Illinois Senate Republican Leader John Curran (R-Downers Grove).

“The legislature should finally heed the concerns of law enforcement, judges and their communities and immediately return for a special session to properly address the SAFE-T Acts’ negative impact on the public before this ill-conceived statute goes into effect in 60 days.

“While no person should be held in jail or let free because of their economic circumstances, the SAFE-T Act handcuffs law enforcement and judges making it more difficult for them to combat violent crime.

“It is possible to reform our cash bail system while keeping our communities safe and the legislature should return immediately to ensure that public safety is in no way jeopardized by the implementation of this reckless legislation before it takes effect.”

* Rep. Lakesia Collins…

State Rep. Lakesia Collins, D-Chicago, issued this statement following the Illinois Supreme Court decision to uphold the SAFE-T Act:

“Passing the SAFE-T Act was the culmination of years of effort from Illinois lawmakers to reform our court system, make communities safer by making the system smarter and end the cash bail system that took such a terrible toll on Black and Brown communities. Illinois’ highest court has now solidified this state’s commitment to building a safer and more equitable future for all its citizens.

“I would like to thank the people who made the SAFE-T Act possible, including state Rep. Justin Slaughter, state Sen. Elgie Sims, the Illinois Legislative Black Caucus, my colleagues in the General Assembly who put their support behind this landmark legislation and the many stakeholders who helped shape the policy.

“The fight for equity is far from over, but this decision sends the message loud and clear: progress will not be slowed, despite lawsuits from those who continue to cling to a less safe, less just status quo.”

* Lt. Governor Stratton…

“Today’s decision by the Illinois Supreme Court upholding the passage of the SAFE-T Act is a major step in the right direction on our journey to justice. All along, our goal has been to right the wrongs of policies that have disproportionately harmed Black, Brown and low-income Illinoisans while, at the same time, bolstering public safety by building a system that centers on accountability and fairness. 
 
The amount of money in one’s bank account should never be the determining factor of whether they should be released or detained while awaiting trial. To do so does nothing but criminalize poverty and this disproportionately impacts marginalized communities. Today’s victory is thanks to the hard work of Governor Pritzker, Attorney General Raoul’s office, the General Assembly, and the many advocates who have been tirelessly fighting for years for true community safety. We have made great strides, and we are forging ahead.” 
 

* Sen. Craig Wilcox…

“This is not the ruling I had hoped for in this case. The bottom line is that Illinoisans deserve to feel safe in their communities, and this decision makes our cities and towns less safe. The turnstile system of criminal justice that goes along with the elimination of cash bail will put dangerous offenders back on the streets within hours of their arrest. Judges must have the flexibility to set bail as they see fit given the circumstances of each individual case.

“In a state with alarming crime statistics, eliminating cash bail without giving judges full discretion is the last thing we should do. Until Illinois decides once and for all to get tough on crime and hold offenders accountable, this state will continue to have a serious crime problem.”

* Republican Leader Jackie Haas…

“Less than two hours before we began an entirely new General Assembly, Illinois Democrats rammed through one of the worst criminal justice reform packages that was promptly signed into law by the Governor. Even Democratic State’s Attorneys sued because of mounting public safety concerns introduced because of this act. Yet today, the Illinois Supreme Court has declared this constitutional, despite the facts that Illinois has one of the highest murder rates in the country, costs have risen for taxpayers, and our police forces are demoralized. This is a deeply upsetting day for our state and communities.”

* Kankakee County State’s Attorney Jim Rowe…

“A few moments ago the Illinois Supreme Court ruled that the Safe-T Act is constitutional and will take effect on September 18, 2023. While this ruling is disappointing and the Act terribly detrimental to public safety, we must abide by the decision and will continue to do our best to serve the people of Kankakee County.

“Despite the defeat, I could not be more proud of all who fought the good fight. The people of Illinois deserve better than bail reform that is passed under cover of darkness at 4am when all the state was sleeping; they deserve to have a voice in any constitutional amendments through the power of their vote; and they deserve to be governed by a government of, for and by the people—not by legislative or gubernatorial fiat. That was the essence of our lawsuit and we stand for those principles still today.”

* Kankakee County Sheriff Michael Downey…

“While extremely disappointed but not surprised that the opinion was down party lines, rest assured that the Sheriff’s Office will continue to work hard to keep our community safe. This opinion will embolden criminals even more which is what our Governor seems to want.”

* US Rep. Mary Miller…

“Today, the Illinois Supreme Court erased the rights of crime victims by upholding the Pritzker SAFE-T Act, which will release dangerous prisoners onto our streets and make it even harder for law enforcement to protect our communities,” Miller said.

“By ending cash bail and ordering the release of dangerous criminals, JB Pritzker has made our neighborhoods and our families less safe in his desperate attempt to make Illinois more radical than California so that he can run for President,” added Miller.

“Our state’s attorneys are warning that almost HALF of inmates currently in jail could be released under the SAFE-T Act, which is why 100 out of 102 State’s Attorneys opposed the bill. Please pray for crime victims and our police officers as they face the latest danger unleashed by JB Pritzker’s radical pro-crime agenda.”

* Assistant House Republican Leader Brad Stephens…

“The so-called ‘SAFE-T’ Act rewrote the book on everything, from allowing anonymous complaints against police officers to abolishing cash bail and letting people accused of violent felonies back on the streets. Despite the multiple pieces of follow-up legislation to address its various problems and lawsuits from even Democratic State’s Attorneys because of the mounting concerns about public safety brought on by this legislation, the Illinois Supreme Court has ruled it constitutional.

“In the midst of this ruling, our reality is clear. Illinois still has one of the highest murder rates in the country. Pressure has been put on our overburdened and demoralized police forces in the 20th District and across our state. Unfunded mandates are driving up costs for taxpayers. This decision is disappointing in so many ways. We need to work in the General Assembly to protect Illinois families and our courageous law enforcement.”

* Clayton Harris III…

Today the Supreme Court of Illinois ruled on the Pre-Trial Fairness Act, stating that the act was fully constitutional.

“Today’s historic ruling codifies that Illinois will no longer criminalize poverty. This ruling continues to enforce the detention process while emphasizing community safety,” said candidate for Cook County State’s Attorney, Clayton Harris III. “This was the right decision from the court, as it maintains accountability and continues to protect the safety of our communities.

“As State’s Attorney, I will always ensure safety and fairness and continue to work with all of our stakeholders.”

* House Republican Leader Tony McCombie…

“Politically compelled public policy has never been in the best interest of the people. The liberal court’s decision today is not surprising, and this decision will undoubtedly hurt families and businesses around the state. Anyone that is familiar with the court system knows that this is not about the ability whether an offender can post bail, but a progressive movement to decriminalize crime and promote an environment for repeat offenders.

This policy is not about bail reform, but about elevating criminals. The Illinois House Republicans will join families around the state to bring light to the failings of the liberal imbalance of the General Assembly. We know there is an approach to address comprehensive criminal justice reform, but that must start with offenders being held accountable for the crimes they commit.

I look forward to working with victim advocates and our law enforcement partners to bring forth changes that ensure safe neighborhoods, thriving business districts and most importantly protect victims of crime.”

* Chicago Mayor Brandon Johnson…

“Today, the Illinois Supreme Court upheld the Pretrial Fairness Act, ensuring that a person’s ability to pay cash bail does not unfairly dictate their presumption of innocence in the court system.

Cash bail does not make communities safer, and it never has; it has simply exacerbated existing inequities and disparities in the criminal legal system. Pretrial detention, as a result of the inability to pay bail, further decimates communities that have long been most impacted by mass incarceration, and the destabilization of households and families.

I am grateful that we can move forward to implement this legislation to uphold justice and equity.”

* US Rep. Delia Ramirez…

“For too long, cash bail has been a tool to criminalize poverty and offer loopholes to the wealthy. Today’s Supreme Court decision makes Illinois the first in the nation to end this inequitable practice, and provides a model for other states wanting to end the criminalization of poverty. Now, decisions about detaining defendants will be made based on direct threats to community safety, and not how much wealth someone has.

I was proud to be a sponsor of the SAFE-T Act during my time in the Illinois Legislature, but it took a coalition to get it passed. I’d like to thank Governor J.B. Pritzker, Attorney General Kwame Raoul, State Senator Robert Peters, the Illinois Black Legislative Caucus, the Coalition to End Money Bond, and violence prevention groups for their advocacy in passing and defending the SAFE-T Act. It is time to implement these critical reforms to our justice system. I remain committed to defending this historic legislation.”

* ILGOP…

“Today’s Supreme Court ruling makes it painfully clear that elections have consequences. Democrats, first led by Mike Madigan and now by JB Pritzker, spent tens of millions of dollars to elect a 5-2 majority of Democrats on the Illinois Supreme Court. It is not surprising that the Court would vote along political lines to allow Governor Pritzker and the Democrat controlled legislature to disregard constitutionally protected rights of crime victims in abolishing cash bail. This historic change in criminal justice law, combined with progressive Democrat prosecutors like Kim Foxx and Eric Rhinehart, will significantly undermine public safety by releasing from custody dangerous, violent criminals at a time when police are under attack and Illinois families and crime victims already fear for their personal safety.”

* DuPage County State’s Attorney Robert Berlin

This morning, the Illinois Supreme Court found the pre-trial fairness provision of the amended Safe-T-Act constitutional. The law as originally written and passed by the General Assembly, included many glaring deficiencies, including the elimination of cash bail, which would have almost completely eliminated judicial discretion when considering a defendant’s likelihood to appear at future court hearings or if the defendant posed a danger to society. On Oct. 3, 2022, myself, Kane County State’s Attorney Jamie Mosser and Champaign County State’s Attorney Julia Rietz, accepted an invitation from Illinois Senate President Don Harmon’s deputy chief of staff to serve on a group of stakeholders that included only three state’s attorneys to remedy these deficiencies. Many of the improvements recommended by this group were passed by the General Assembly and signed into law on Dec. 6, 2022. I am very proud of the improvements advanced by this group and, as the only Republican on the panel, I am grateful to Senate President Harmon for allowing me the opportunity to work in a bi-partisan fashion to ensure the continued protection of the public. These amendments go a long way in rectifying many, but not all, of the anticipated problems and restore some measure of judicial discretion at bond hearings.

* Sen. Dave Syverson (R-Cherry Valley)

State’s attorneys and law enforcement personnel from across Illinois have stated in no uncertain terms that their work – and the ultimate safety of their communities – will be threatened by many provisions of this controversial overhaul of the state’s criminal justice system. With crime increasing across the state, eliminating cash bail just puts more criminals back on the streets. I am not surprised that the politically aligned Court would side with the Governor, but this is certainly not the ruling I had hoped for. It clearly sends yet another message that there are limited consequences for committing crimes in Illinois.

* Sen. Sue Rezin (R-Morris)…

The Illinois Supreme Court’s decision to uphold the SAFE-T Act in its entirety is disappointing. While I understand the movement to reform our cash bail system, there is a way to do that fairly while also better ensuring the public safety of our communities. The SAFE-T Act, which the Majority Party negotiated, drafted and passed in the middle of the night with little-to-no input from law enforcement, state’s attorneys, and judges is a far cry from achieving that balance. Instead, counties are now faced with implementing this hastily, dangerous, and ill-conceived law, which I fear will make our state a less safe place to call home.

       

46 Comments
  1. - Big Dipper - Tuesday, Jul 18, 23 @ 9:18 am:

    Guess DeVore doesn’t have his finger on the legal pulse as he made this a big issue in his campaign for AG.


  2. - Nick - Tuesday, Jul 18, 23 @ 9:21 am:

    I think you can still disagree with the legislature/governor on this.

    But in terms of the constitutionality of the legislature having the largest say in terms of how the state criminal justice system works, this is the correct decision.


  3. - Arsenal - Tuesday, Jul 18, 23 @ 9:24 am:

    A correct and unsurprising opinion, and I would probably say that adding two more months to the stay is even wise.


  4. - H-W - Tuesday, Jul 18, 23 @ 9:25 am:

    The majority gave a pretty straightforward, parsimonious opinion. The three-part justification is solid.


  5. - TheInvisibleMan - Tuesday, Jul 18, 23 @ 9:28 am:

    I don’t see how the participating State’s Attorney plaintiffs can maintain credibility in office now, after spending almost a year taking a stand they know the constitution so well, they took the extraordinary step of initiating this lawsuit.

    It’s one thing for the Devore’s of the world to have opposed it. They had nothing to lose and everything to gain. But the current office holders who opposed the law, are in a much different situation now. Their actual job is to understand the law and enforce it. If they don’t have the capability of understanding the law, they are unable to properly enforce it.

    It is of course their right to have filed such a case, but that right comes with the often forgotten responsibilities. That responsibility means resignations should be coming by the end of the day. Or at the very least announcements to not run for any additional terms in that office.

    I won’t hold my breath, and their now blatantly obvious self-interest going forward will reflect poorly on their respective counties.


  6. - Garfield Ridge Guy - Tuesday, Jul 18, 23 @ 9:31 am:

    This is not meant to be snarky or undercutting the opinion, the holding of which is entirely unsurprising. How do people like Senator Sims, who claim to pursue “equal justice under the laws,” reconcile the fact that a similarly situated defendant who is prosecuted under the laws of the State of Illinois will face extremely different outcomes depending on whether that prosecution occurs in Cook County or DuPage County, despite the counties only being miles apart? Would people like Sen. Sims view this as unproblematic? Or is this the next injustice that requires patching in our system?


  7. - Three Dimensional Checkers - Tuesday, Jul 18, 23 @ 9:36 am:

    They could’ve just said sufficient sureties does not necessarily mean monetary bail without delving into originalism. “Thus, the historical antecedent for the meaning of “bailable by sufficient sureties” is the meaning of bail in 1818. See generally People v. Moon, 2022 IL 125959, ¶ 35.”


  8. - TheInvisibleMan - Tuesday, Jul 18, 23 @ 9:45 am:

    “First, the trial court again ignored the plain language of the constitution.”

    “Second, the trial court appeared to forget[…]”

    “Third, the trial court failed to grasp[…]”

    Ouch.


  9. - Oswego Willy - Tuesday, Jul 18, 23 @ 9:53 am:

    The likely politicization of this decision, beginning with its alleged forced partisan bend to the alleged political thought to constituency, I ask this, of those siding with the dissent;

    Can you tear down the majority opinion on the law, or is it your passion and fear that you find your disagreement with this decision?

    Isn’t this a discussion and decision to the constitution?

    A partisan start to the discussion misses, maybe, why this ruling has discussion only to partisan and not the law.


  10. - Big Dipper - Tuesday, Jul 18, 23 @ 10:00 am:

    Sounds like the trial judge needs to take his job more seriously re conducting legal research competently and applying rules of construction properly. Do they have a remedial judge school?


  11. - Steve - Tuesday, Jul 18, 23 @ 10:04 am:

    Today, the Illinois Supreme Court gave progressive Illinois what they voted for and what is consistent with the Illinois state constitution. I hope crime doesn’t increase.


  12. - Big Dipper - Tuesday, Jul 18, 23 @ 10:09 am:

    Well Steve, per the Sun Times:

    Studies of jurisdictions that have nearly eliminated cash bail have shown no significant increase in crime generally, nor by defendants released while awaiting trial. In some cases, defendants were more likely to return to court.

    Republicans tried fear mongering on this topic last election with no success.


  13. - Jocko - Tuesday, Jul 18, 23 @ 10:18 am:

    ==I hope crime doesn’t increase.==

    In other news today, a certain former president was informed today that the DOJ is looking into his role in the events of January 6th.


  14. - Skeptic - Tuesday, Jul 18, 23 @ 10:18 am:

    “The court ignored the pleas of nearly every prosecutor in the state of Illinois, Democrat and Republican” Were the pleas they mention that the law was unconstitutional? I didn’t think so.


  15. - Oswego Willy - Tuesday, Jul 18, 23 @ 10:24 am:

    ===state of lawlessness and disorder===

    … and yet the decision is based on the constitution? Huh.

    ===The court ignored the pleas of…===

    … because the decision was based on the constitution, not phony “pleas”

    ===The Democrat Party===

    When you don’t have the law or the constitution on your side, don’t just bang the table, bang the partisanship.

    I’d ask Chesney if Dobbs is a Republican decision, and if that’s ok to run on as such.

    Not yet heard any reasoned dissent to this court decision outside hyper “danger” or partisan fears.

    Not yet heard it.


  16. - The Truth - Tuesday, Jul 18, 23 @ 10:24 am:

    “Let me reiterate this: we will still jail defendants prior to trial, and the defendants we do hold will be the dangerous weapon offenders, drug traffickers, child molesters, murderers, and domestic abusers who will no longer be able to use their own cash (or their accomplice’s cash) as an escape hatch from justice. Our communities will be safer because of today’s ruling.”

    I think this cuts right through the lies and puffery, and should be restated by anyone within five feet of a microphone for the next 60 days. And there is no valid rebuttal to it.


  17. - Steve - Tuesday, Jul 18, 23 @ 10:31 am:

    -Studies of jurisdictions that have nearly eliminated cash bail-

    I hope the empirical evidence supports your position (I want a safer Illinois). I seen numerous individuals out on bond engaging in crime at CWB Chicago.


  18. - Rich Miller - Tuesday, Jul 18, 23 @ 10:31 am:

    ===I seen numerous individuals out on bond engaging in crime===

    And yet…


  19. - TheInvisibleMan - Tuesday, Jul 18, 23 @ 10:35 am:

    “without delving into originalism.”

    In reading the decision, there are many citations here which the court seemed to enjoy including. Almost to a point of specifically using one citation over an equally valid citation, simply due to the person/cases involved.

    It seems quite deliberate.

    I won’t point out my favorite one, and I’ll leave that to those who read the full decision to find their own favorite.


  20. - /s - Tuesday, Jul 18, 23 @ 10:44 am:

    ===I seen numerous individuals out on bond engaging in crime at CWB Chicago.===

    If they’re out on bond, then you do realize what you’re saying is that cash bail/bond doesn’t actually do anything to keep communities safer as is, correct?


  21. - Norseman - Tuesday, Jul 18, 23 @ 10:48 am:

    The ruling was expected and right. The MAGA GOP gaslighted the issue from the beginning and will continue to do so through the next election.


  22. - Lurker - Tuesday, Jul 18, 23 @ 10:57 am:

    For those of you stating the States Attorneys are incompetent and the constitution is clear on this, I will say the ruling is clear and unsurprising, but it was not 7-0. So there were still some judges at the highest level that disagree with your assessment.


  23. - Anyone Remember - Tuesday, Jul 18, 23 @ 11:04 am:

    ===So there were still some judges at the highest level that disagree with your assessment.===

    The dissent was based upon the Victims’ Rights Act, dating to 2014.


  24. - Victor Kingston - Tuesday, Jul 18, 23 @ 11:07 am:

    ===I seen numerous individuals out on bond engaging in crime at CWB Chicago.==

    You’re gonna need to walk me through why this shows anything other than cash bail/bond isn’t actually an effective deterrent.


  25. - H-W - Tuesday, Jul 18, 23 @ 11:09 am:

    The dissent is interesting. It asserts that “monetary” bail was established as assumed in the victims bill of rights, based on the codification of monetary bail in 1963. It then argued that the elimination of monetary bail in the SAFE-T Act is unconstitutional, because doing so requires the direct consent of the people.

    I suppose if judges are no longer allowed to impose monetary bail in any case, including people deemed to be dangerous if released, the dissent does raise an interesting question of historical interpretation of the concept of bail. On the other hand, this historic interpretation is not that historic, in my view. Sixty years ago, an interpretation of how to guarantee appearance was reinterpreted.

    Personally, I think their argument is flawed for several reasons. But the logic is telling.


  26. - TheInvisibleMan - Tuesday, Jul 18, 23 @ 11:11 am:

    “So there were still some judges at the highest level that disagree with your assessment.”

    Did you read their assessment? Because defending their obvious partisanship isn’t helping your point.

    They actually agree with the majority, they simply created disagreement for partisan purposes by adding words that are not in the constitution - i.e. monetary. Then they disagreed with their not relevant made up reality that does not exist in the state constitution, in order to place themselves in the dissent.

    But don’t worry. These same dissenting judges will be writing opinions on firearms laws, and pointing out that their dissent is because the relevant words *aren’t* in the constitution.

    You may not realize it, but electronic monitoring *is* an ‘amount of bail’ according to the constitution.

    Inserting ‘monetary’ as their objection, simply shows you where their priority is in the justice system.


  27. - Grandson of Man - Tuesday, Jul 18, 23 @ 11:24 am:

    “Illinois and Chicago are lawless places where they take away your guns and let criminals run free.” Today’s ruling is not a total loss for the law’s opponents. The talking points and perpetual victimhood are quite valuable as far as the old stereotypes and ginning up certain voters (though they are a super-minority in Illinois).


  28. - Nick Name - Tuesday, Jul 18, 23 @ 11:29 am:

    ===“I am disappointed with the partisan Supreme Court’s ruling===

    I am disappointed too, Sen. Chesney, that the Court’s two Republicans put party first and did not join their Democratic colleagues to issue a unanimous, bipartisan ruling in what is an open-and-shut case.


  29. - JS Mill - Tuesday, Jul 18, 23 @ 11:30 am:

    =I am disappointed with the partisan Supreme Court’s=

    Yeah, but not the partisan USSC right? pleease.

    =I don’t see how the participating State’s Attorney plaintiffs can maintain credibility in office now,=

    Agreed.

    =progressive Illinois what they voted for and what is consistent with the Illinois state constitution. I hope crime doesn’t increase.=

    Speare me. For anyone who thinks these republican law and order type SA’s are tough on crime you need to check the facts.

    Toward the end of the school year, the Dixon school district (about an hour from mine) had a high school student bring a loaded gun to school. This kid was 17. He was released to his parents even though his intent was to shoot a romantic rival. Released to his parents. Had a loaded gun.

    This suit was all about politics and absolutely zero about the lawe. Everyone of these SA’s and judges engage in the same wheeling and dealing.


  30. - cermak_rd - Tuesday, Jul 18, 23 @ 11:33 am:

    I can imagine a different motivation for the states attorneys. They are actually likely to have to try more cases now instead of getting settlements because defendants have to work and getting tossed in jail (and not having the funds for bail) awaiting trial puts pressure on defendants to settle. Whether the SA can prove the case or not.
    But SA workload is not a constitutional consideration.


  31. - Bruce( no not him) - Tuesday, Jul 18, 23 @ 11:43 am:

    Waiting with bated breath for the first released prisoner to recommit a crime.
    “See, we told you so. This never happened before this law.”
    S/


  32. - Big Dipper - Tuesday, Jul 18, 23 @ 11:53 am:

    Prosecutors and judges have the tools to keep anyone who presents a significant threat behind bars. If they don’t use those tools and that person commits another crime while awaiting trial, we know where the buck stops and it’s not with the GA or the Illinois Supreme Court.


  33. - JS Mill - Tuesday, Jul 18, 23 @ 12:08 pm:

    What @Big Dipper said, all day everyday.


  34. - Big Dipper - Tuesday, Jul 18, 23 @ 12:18 pm:

    == nearly every prosecutor in the state of Illinois==

    Southwood seems to struggle with math.


  35. - Politix - Tuesday, Jul 18, 23 @ 12:20 pm:

    “The so-called ‘SAFE-T’ Act rewrote the book on everything, from allowing anonymous complaints against police officers…”

    And this is a problem because…?


  36. - Lucky Pierre - Tuesday, Jul 18, 23 @ 12:40 pm:

    Because it’s is more likely that anonymous complaints are not true and could be retaliatory

    Don’t you find it interesting that 12 days after the national headlines about anonymous accusations that CPD officers sexually assaulted migrants COPA has yet to locate any victims

    https://www.cbsnews.com/chicago/news/copa-investigation-chicago-police-officers-sexual-contact-migrants/


  37. - Michelle Flaherty - Tuesday, Jul 18, 23 @ 12:43 pm:

    It’s refreshing to read that the Kankakee County State’s Attorney and Sheriff will both do their job and follow the constitutional law.


  38. - Rich Miller - Tuesday, Jul 18, 23 @ 12:46 pm:

    ===Because it’s is more likely that anonymous complaints are not true and could be retaliatory===

    And yet the police routinely and eagerly encourage anonymous tips.


  39. - Oswego Willy - Tuesday, Jul 18, 23 @ 12:50 pm:

    ===has yet to locate any victims===

    I dunno, since you like speculative thought, between the “Code of Silence” and fears these immigrants have, I can’t image too many folks are willing to speak on either side too loudly


  40. - DirtLawyer - Tuesday, Jul 18, 23 @ 1:10 pm:

    As other people are fond to say here, count the numbers. In this case, Illinois law is what four or more people on the ILSC say it is. And I in this instance agree with the majority assessment. But I’m not going to bash the trial judge either. He has a deserved reputation as a fair and conscientious attorney and judge for whom I have much respect even when our views happen to differ.


  41. - TheInvisibleMan - Tuesday, Jul 18, 23 @ 1:14 pm:

    Tony McCombie just can not get out of her own way.

    “I look forward to working with victim advocates[…]”

    Can someone take a picture of her face, when she realizes the domestic abuse survivor advocates *supported* this law.

    Making public statements showing you have no grasp on what that group does, is not a good starting point to working with them. She isn’t interested in listening to them at all, else she already would have in the intervening 7 plus months. They aren’t going to take her seriously now, and will spend any of their available time working with legislators who have demonstrated they can pay attention to at least the bare minimum.

    She’s turning out to be an extremely poor leader. I had hoped for otherwise, but I’ll end this comment how I began it - she simply can not get out of her own way.


  42. - vern - Tuesday, Jul 18, 23 @ 1:27 pm:

    “The police officers whose jobs have been made immeasurably more difficult by all of the new anti-law enforcement measures that are in place. Today’s ruling is a slap in the face to those who enforce our laws and the people those laws are supposed to protect.”

    Those “anti-law enforcement measures” are themselves laws which LEOs are supposed to follow. The police and their fraternal organizations would benefit from a broader understanding of all the laws on the books, not just the ones they prefer to enforce.


  43. - Big Dipper - Tuesday, Jul 18, 23 @ 2:03 pm:

    ==COPA has yet to locate any victims==

    Cops are adept at coverups. The victims could have been intimidated or paid off.

    ==Because it’s is more likely==

    Says who?


  44. - JS Mill - Tuesday, Jul 18, 23 @ 3:00 pm:

    ====Because it’s is more likely that anonymous complaints are not true and could be retaliatory====

    Funny how law enforcement love them some anonymous informants when other people are being informed on.


  45. - Big Dipper - Tuesday, Jul 18, 23 @ 3:52 pm:

    ==Funny how law enforcement love them some anonymous informants when other people are being informed on.==

    Please narc on your family. friends, and neighbors, but not us.


  46. - low level - Tuesday, Jul 18, 23 @ 4:35 pm:

    ==Democrat controlled legislature==.

    There you go again. Lol


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